The distribution of a COVID-19 vaccine is seen as a fundamental component to ending the pandemic. However, mandatory vaccinations in the workplace should be treated with caution by all employers. As it stands, there is currently no legislation in South African law that specifically requires an employee to be vaccinated against COVID-19. As a point of departure, the Occupational Health and Safety Act mandates all employers to provide and …
What if your dismissal is overturned?
Reinstatement in terms of the s 193(2) of the Labour Relations Act 66 of 1995 (LRA) According to s193(2) of the LRA, if it is found that an employee was found to have been (substantively) unfairly dismissed, the Labour Court (LC) or the arbitrator, must make an order that the employee be reinstated, unless: The employee does not wish to …
Dismissing an employee for racism
There are different reasons why an employer might consider firing an employee. After teacher Keith Arlow had been fired from St John’s College in Johannesburg for being found to have victimised pupils based on their race, the question of dismissal due to racism was brought up. Initially, Arlow was issued with a final written warning, stepped down from senior positions …
Employers: Poor performance dismissal could backfire
It is reasonable to want to dismiss an employee for not performing on the job, or failing to meet a specific target. However, Employer’s should ensure that the targets they set are actually achievable for the employee. If not, they could be found at fault for dismissing an employee who failed to achieve unreasonable targets. Damelin (Pty) Ltd vs Parkinson …